As we approach the busy spring and summer travel season, it is important to keep in mind factors that could affect non-U.S. citizens, including visa holders and legal permanent residents’ return to the U.S. after international travel.

Consular Updates

Whether travel is required to obtain a visa, maintain operations abroad, or for personal pleasure, all international travel should be planned with careful consideration and attention to these updates.

1. Revision of Visa Interview Waiver (dropbox) eligibility requirements: Starting Feb. 18, 2025, a key change is that individuals must have held a visa in the same category that expired less than 12 months before their new application to be eligible for the dropbox option.
2. Potential delays and longer visa processing times: U.S. consulates abroad will likely face higher demand and fewer locations may be available for processing.
3. Consular Refusals: Despite U.S. Citizenship and Immigration Services (USCIS) approval, a consular officer has the discretion to deny a visa and return the case to USCIS for re-adjudication.

Documents to Carry While Traveling

Check to ensure you have these documents:

1. Check passport expiration dates prior to any international travel. Your passport should be valid for at least six months beyond your authorized period of stay in the United States. If not, renew your passport prior to travel.
2. Ensure that your visa stamp is valid prior to any international travel. If your visa stamp has expired, make appropriate plans to obtain a valid visa stamp.
3. Please be sure to carry the following documents with you before embarking on an international trip:
   • Valid passport (valid for six months beyond trip itinerary) with a valid visa stamp
   • Original approval notice issued by U.S. Citizenship and Immigration Services (USCIS).
     • For example: I-797 Notice of Approval
     • For lawful permanent residents: Green Card (Form I-551) or advance parole if your green card is pending
   • Recent signed employment verification letter
   • Two or three recent paystubs
   • Valid license for driving overseas and for use as a second form of photo ID
   • Medications in their original packages. Bring only the amount of medication you will need. Prescription medications should be under the traveler's name.

Takeaways

In light of these new updates, non-U.S. citizens should consider the following:

• Booking visa appointments in advance of your trip, depending on your eligibility (dropbox or in-person), as slots fill up quickly
• Consider using “third-country national processing” at U.S. consulates other than your home country. Confirm with U.S. consulate prior to your travel and visa appointment.
• Seek any necessary approval for international travel from your employer and notify immigration legal counsel before and after international travel
• Contingency planning in place for potential visa delays
• Flexible airline ticket in case of unexpected travel bans or other sudden developments
• Ensure you have an emergency contact in the U.S. who can assist and act on your behalf if needed, whether an employer or another individual

Before traveling internationally, review your immigration status with your employer and legal counsel to assess any impact on your non-immigrant status or green card processing. Upon arrival, check your I-94 status on the CBP website to confirm your class of admission and expiration date, and send the updated I-94 and visa stamp to your employer and legal counsel. Additionally, note that all electronic devices and accounts may be subject to search upon re-entry to the U.S.

Employers and employees alike should approach planned travel outside of the U.S. with caution and care.